Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 49914-49915 [05-16938]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Notices]
[Pages 49914-49915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16938]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 080405A]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Navy Operations of Surveillance Towed Array Sensor System 
Low Frequency Active Sonar

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; issuance of two Letters of Authorization.

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SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA), 
as amended, and implementing regulations, notification is hereby given 
that NMFS has issued two 1-year Letters of Authorization (LOAs) to take 
marine mammals by harassment incidental to the U.S. Navy's operation of 
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 
LFA) sonar operations to the Chief of Naval Operations, Department of 
the Navy, 2000 Navy Pentagon, Washington, D.C., and persons operating 
under his authority.

DATES:  Effective from August 16, 2005, through August 15, 2006.

ADDRESSES: Copies of the LOAs and the Navy's March 31, 2005 
application, which contains a list of references used in this document, 
are available by writing to Steve Leathery, Chief, Permits, 
Conservation, and Education Division, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910-3225, by telephoning the contact listed here (see FOR 
FURTHER INFORMATION CONTACT), or online at: https://www.nmfs.noaa.gov/
prot_res/PR2/Small_Take/smalltake_info.htm#applications. Documents 
cited in this notice may be viewed, by appointment, during regular 
business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT:  Jolie Harrison (ext 166) or Kenneth 
Hollingshead (ext 128), Office of Protected Resources, NMFS, (301) 713-
2289.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional taking of small numbers of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region if certain findings are 
made and regulations are issued.
    Authorization may be granted for periods of 5 years or less if NMFS 
finds that the taking will have no more than a negligible impact on the 
species or stock(s), and will not have an unmitigable adverse impact on 
the availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat, and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements pertaining to the monitoring and 
reporting of such taking.
    Regulations governing the taking of marine mammals incidental to 
the U.S. Navy's operation of SURTASS LFA sonar were published on July 
16, 2002 (67 FR 46712), and remain in effect until August 15, 2007. For 
detailed information on this action, please refer to that document. 
These regulations include mitigation, monitoring, and reporting 
requirements for the incidental taking of marine mammals by the SURTASS 
LFA sonar system.
    On November 24, 2003, the President signed into law the National 
Defense Authorization Act of 2004 (NDAA) (Public Law 108-136). Included 
in this law were amendments to the MMPA that apply where a ``military 
readiness activity'' is concerned. Of specific importance for the 
SURTASS LFA sonar take authorization, the NDAA amended section 
101(a)(5) of the MMPA to exempt military readiness activities from the 
``specified geographical region'' and ``small numbers'' requirements. 
The term ``military readiness activity'' is defined in Public Law 107-
314 (16 U.S.C. 703 note) to include all training and operations of the 
Armed Forces that relate to combat; and the adequate and realistic 
testing of military equipment, vehicles, weapons and sensors for proper 
operation and suitability for combat use. The term expressly does not 
include the routine operation of installation operating support 
functions, such as military offices, military exchanges, commissaries, 
water treatment facilities, storage facilities, schools, housing, motor 
pools, laundries, morale, welfare and recreation activities, shops, and 
mess halls; the operation of industrial activities; or the construction 
or demolition of facilities used for a military readiness activity.
    NMFS published a proposed rule to amend its SURTASS LFA sonar final 
rule and regulations, to implement provisions of the NDAA (69 FR 38873; 
June 29, 2004). The public comment period ended on July 29, 2004. NMFS 
has not issued a final rule as of the date of this notice.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for two LOAs, one 
covering the R/V Cory Chouest and one the USNS IMPECCABLE, under the 
regulations issued on July 16, 2002 (67 FR 46712). The Navy requested 
that the LOAs become effective on August 16, 2005. The application 
requested authorization, for a period not to exceed 1 year, to take, by 
harassment, marine mammals incidental to employment of the SURTASS LFA 
sonar system for training, testing and routine military operations on 
the aforementioned ships. The application's take estimates are based on 
16 nominal 9-day active sonar missions (or equivalent shorter missions) 
between both vessels, regardless of which vessel is performing a 
specific mission, not to exceed a total of 432 hours of LFA sonar 
transmission time combined for both vessels.
    The specified geographic regions identified in the application in 
which the Navy proposes to operate SURTASS LFA sonar are the following 
oceanographic provinces described in Longhurst (1998) and identified in 
50 CFR 216.180(a): the Archipelagic Deep Basins Province, the Western 
Pacific Warm Pool Province, and the North Pacific Tropical Gyre West 
Province, all within the Pacific Trade Wind Biome; the Kuroshio Current 
Province and the Northern Pacific Transition Zone Province within the 
Pacific Westerly Winds Biome; the North Pacific Epicontinental Sea 
Province within the Pacific Polar Biome; and the China Sea Coastal 
Province within the North Pacific Coastal Biome. The operational areas 
proposed in the Navy's application are portions of the provinces but do 
not encompass the entire area of the provinces. Due to critical naval 
warfare requirements, the U.S. Navy has identified the necessity for 
both SURTASS LFA sonar vessels to be stationed in the North Pacific 
Ocean during fiscal year 2006.

[[Page 49915]]

Summary of Activity Under the Current LOAs

    In compliance with the 2004-2005 LOAs, on May 28, 2005, the Navy 
submitted the annual report on SURTASS LFA sonar operations. A summary 
of that report (Navy, 2005) follows.
    During the period between February 16, 2004 and February 15, 2005 
(the reporting period required under the 2004 LOAs), the R/V Cory 
Chouest operated in the Philippine Sea in the winter and spring of 
2004. The RV Cory Chouest conducted four training missions covering a 
period of 38.8 days with 93.3 hours of transmissions by the LFA sonar 
array. The purposes of the training missions are to provide fully 
functional hardware and software, extensive personnel training, job 
experience, and operational/system monitoring in a variety of LFA sonar 
mission scenarios and acoustic environments. All LFA sonar operations 
included the operation of the High-Frequency Marine Mammal Monitoring 
(HF/M3) sonar and compliance with all mitigation requirements.
    The second SURTASS LFA sonar system, onboard the USNS IMPECCABLE 
(T-AGOS 23), commenced sea trials in late February 2004. During the 
spring and summer of 2004, the USNS IMPECCABLE conducted five training 
missions in the Philippine Sea and the northwest Pacific Ocean covering 
a period of 26.2 days with 63.0 hours of transmissions by the LFA 
array. All LFA sonar operations included the operation of the HF/M3 
sonar and compliance with all mitigation requirements.
    In summary, SURTASS LFA sonar operations from February 16, 2004 to 
February 15, 2005 consisted of nine training missions totaling 65.1 
days of operations with 156.3 hours of active transmissions by the LFA 
sonar array. Operations were conducted at three different sites in the 
Philippine sea located in the Kuroshio Current and North Pacific 
Tropical Gyre West Provinces.

Summary of Monitoring Under the 2004-2005 LOAs

    In the annual report, the Navy provides a post-operational 
assessment of whether incidental harassment occurred within the LFA 
sonar mitigation and buffer zones and estimates of the percentages of 
marine mammal stocks possibly harassed using predictive modeling based 
on dates/times/location of actual operations, system characteristics, 
oceanographic conditions, and animal demographics. Post-operational 
incidental harassment estimates indicate that there were no marine 
mammal exposures to received levels at or above 180 dB (Navy, 2005).
    The percentage of marine mammal stocks estimated to be exposed to 
noise between 120 and 180 dB (re 1 microPa) from the LFA sonar array, 
both pre- and post-operational risk assessment estimates, were all 
below the 12-percent maximum percentage authorized under the LOAs. The 
majority of the estimates were below 1 percent; however, there were 
marine mammal stocks at all three sites with more than 1 percent 
estimated exposed to between 120 and 180 dB: (1) east of Japan, the 
short-finned pilot whale (1.67 percent) and the false killer whale 
(1.58 percent); (2) in the North Philippine Sea, the short-finned pilot 
whale (1.50 percent); and (3) in the West Philippine Sea, the Pacific 
white-sided dolphin (9.72 percent), the melon-headed whale (9.46 
percent), the false killer whale (4.22 percent), Risso's dolphin (3.6 
percent), the short-finned pilot whale (3.46 percent), the humpback 
whale (3.27 percent), the bottlenose dolphin (2.45 percent), the Minke 
whale (1.75 percent), the pygmy killer whale (1.69 percent), 
Blainville's beaked whale (1.27 percent), and the rough-toothed dolphin 
(1.10 percent).
    During the nine missions, no sightings of marine mammals were noted 
by the trained personnel responsible for marine animal monitoring, and 
no marine mammal vocalizations were identified on the SURTASS passive 
sonar displays.
    The HF/M3 sonar operated continuously during the course of the 
missions in accordance with the LOAs. As required by the LOAs, the HF/
M3 sonar was ``ramped up'' prior to operations. During seven of the 
nine missions, there were 12 HF/M3 alerts that were identified as 
possible marine mammal detections. No additional correlating data were 
available to further verify, identify, or clarify these detections. 
Because these detections met the minimum shutdown criteria (i.e., 
multiple detections (two or more) within the same area), the Navy's 
requisite protocols were followed, and LFA sonar transmissions were 
suspended a total of 12 times. In addition, during one mission there 
were two suspensions of LFA sonar operations due to HF/M3 sonar 
software failures.

Authorization

    Accordingly, NMFS has issued two LOAs to the U.S. Navy, authorizing 
the incidental harassment of marine mammals incidental to operating the 
two SURTASS LFA sonar systems for training, testing and routine 
military operations. Issuance of these two LOAs is based on findings, 
described in the preamble to the final rule (67 FR 46712, July 16, 
2002) and supported by information contained in the Navy's required 
annual report on SURTASS LFA sonar, that the activities described under 
these two LOAs will have no more than a negligible impact on marine 
mammal stocks and will not have an unmitigable adverse impact on the 
availability of the affected marine mammal stocks for subsistence uses. 
These LOAs also comply with the NDAA amendments to the MMPA.
    These LOAs remain valid through August 15, 2006, provided the Navy 
remains in conformance with the conditions of the regulations and the 
LOAs, and the mitigation, monitoring, and reporting requirements 
described in 50 CFR 216.184-216.186 (67 FR 46712, July 16, 2002) and in 
the LOAs are undertaken.

    Dated: August 22, 2005.
Michael Payne,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 05-16938 Filed 8-24-05; 8:45 am]
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